FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

" ); floatwnd.document.close(); floatwnd.focus(); } } function WPHide( WPid ) { if( bInlineFloats ) eval(

"document.all." + WPid + ".style.visibility = 'hidden'" ); }

Fiscal Year 2002

Performance Report

February 2003

Occupational Safety and Health Review Commission

Annual Performance Report

Fiscal Year (FY) 2002

Report Overview

The Review Commission is submitting this report in accordance with the Government Performance and Results

Act (GPRA) of 1993, which requires federal agencies to submit a program performance report to the President and

Congress. This report is divided into two sections – a Fiscal Year (FY) 2002 Report Summary and the

Performance Report itself. A chart comparing the FY 2002 targeted and actual levels of performance for each

indicator follows this Report Overview. The FY 2002 Performance Report is organized by strategic goals. An

introductory section summarizes the FY 2002 performance for each goal. In FY 2001 the Review Commission

revised its Strategic Plan (2000-2005) and Annual Performance Plan (APP) and modified and added performance

goals and indicators. This performance report identifies the new goals and indicators developed in fiscal years

2001 and 2002. It also reports on the goals and actual performance for the proceeding four years.

During FY 2002, the Review Commission met 73% of the FY 2002 goals set forth in its FY 2002 Annual

Performance Plan (APP). The agency performed well in the areas of case adjudication for cases that proceeded to

hearing at the trial level, case settlement disposition within six months, external communications, and most

organizational goals. The agency missed, by a slight margin, its goal of reducing the percent of settlements at the

trial level that exceed the one year cycle time, two external communication goals and two organizational goals. In

addition, the agency did not meet its cycle time goals for case adjudication for cases that were directed for review

by and pending before the Commissioners.

The agency’s ability to meet its case disposition goals depends on a variety of factors. These include: (1)

continued presence of a quorum at the Commission level; (2) the magnitude and nature of the cases received; (3)

the success of the parties' settlement negotiations and the agency's Settlement Part program in reducing the

number of hearings needed; and (4) the number, location, length and complexity of trials held. Although these

factors are largely outside the Review Commission's control, the Strategic Plan and the APP acknowledge that the

Review Commission is committed to working within such constraints to improve its service to the public.

The Review Commission’s Strategic Plan is posted at www.oshrc.gov.

FISCAL YEAR 2002 REPORT SUMMARY
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

PERFORMANCE GOAL INDICATORS/TARGET MET 

YES/NO

ACTUAL PERFORMANCE

1.1 Increase the percent

of non-complex cases

involving a hearing at the

ALJ level that are

disposed of within 325

days

75% within 325 days YES 77% of non-complex decisions were

disposed of within 325 days at the

ALJ level

1.2 Increase the percent

of complex cases

involving a hearing at the

ALJ level that are

disposed of within 18

months

75% within 540 days YES 92% of complex decisions were

disposed of within 540 days at the

ALJ level

1.3 Increase the percent

of cases without a

hearing that are disposed

of at the ALJ level within

six months

75% within 180 days YES 77% of cases disposed of without

hearing were resolved within 180

days at the ALJ level

1.4 Increase the percent

of cases without a

hearing that are disposed

of at the ALJ level in one

year

99% within 365 days NO Goal was substantially met - 98% of

cases disposed of without hearing

were resolved within 365 days at the

ALJ level

1.5 Increase the percent

of Commission-level

dispositions issued within

325 days

55% of cases within

325 days

NO 43% of decisions were disposed of

within 325 days at the Commission

level. Goal was not met because of

the lack of a quorum for eight

months.

1.6 Reduce the number

of cases pending

Commission-level

disposition for more than

two years

30% reduction in the

number of cases

pending more than 2

years

NO There was a 22% reduction in cases

pending at the Commission level

more than two years. Goal was not

met because of the lack of a quorum

for eight months.

2.1 Improve the

effectiveness of our

website to ensure its

communications remain

open, research-friendly,

and current through the

agency’s world wide

website

1 enhancement YES Goal was exceeded - 2

enhancements: revised and updated

pages “About OSHRC,” and added

vacancy announcements to the

website.

2.2 Extent to which

decisions and other

agency publications are

made available to the

public and litigants

through the website

30% of effort

(convert and include

older agency decisions)

YES The agency successfully converted

its older decisions electronically to

permit the placement of the decision

on the agency’s website. This effort

is now 100% complete.

2.3 Improve the

frequency of publication

of CD-ROMs for use by

litigants, libraries, and

3 CD ROMS YES Goal was exceeded - 5 CD ROMs

issued.
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

other interested parties

2.4 Improve and

strengthen mechanisms

for communications

between the Review

Commission and entities

that have an interest in

its activities

50% of effort

(focus group)

NO Completed evaluation of the

electronic filing pilot program;

however, there was no need for a

focus group because of the limited

number of participants.

2.5 Produce reports on

the Review Commission's

activities

1 report NO This goal was substantially met. A

draft of the Biennial Report was

completed, but finalized and

published shortly after the end of the

fiscal year.

2.6 Promote the use of

electronic transmission of

documents to the Review

Commission

50% of effort

(evaluate pilot)

YES Pilot completed and evaluated.

2.7 Improve the

timeliness of responses

to questions received

from the public

Average of 20 work

days (for Freedom of

Information Act (FOIA)

responses)

YES On average, the Review Commission

responded to FOIA requests within

19 workdays

3.1 Recruit and maintain

a diverse, and highly

motivated staff

50% of effort

(complete succession

and transition plans

and knowledge

management)

YES The Review Commission completed

succession and transition plans, job

competencies for major occupations,

and knowledge management

strategy for the Office of General

Counsel. This effort is now 100%

complete.

3.2 Provide training and

career development

opportunities for

employees

Assess and prioritize

training needs

YES Training for employees and

managers were assessed and

prioritized. Employees received an

average of 17 hours of training.

3.2.1 Expand training

delivery methods to

accommodate workforce

needs

70% - classroom

20% - audio/video tape

10% - on-line

NO Goal was substantially met. Training

hours:

75% classroom ; 8% audio/video;

17% on-line

3.3 Improve internal

communications

50% of effort

(Complete

development and

installation of Intranet)

YES Goal was met. The Review

Commission’s Intranet has been

implemented.

3.3.1 Identify, define, and

enhance agency values

and an agency culture

that incorporates our

values

50% of effort

(assessment complete,

develop management

initiative, if needed)

YES Assessment of key aspects of

current and target culture completed.

The analysis revealed that there are

no significant gaps. Therefore, no

management initiative was found to

be necessary. However, two

initiatives were developed during the

year to support and enhance the

core values. This effort is now 100%

complete.
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

3.4 Improve the systems

that support financial

management and

personnel and payroll

services

25% of effort

(Planning coordination

and transition efforts

with new financial

service provider)

YES Goal was exceeded - 100% of

transition planning and coordination

efforts completed, secure access

provided, and conversion occurred

on October 1, 2002 for financial and

administrative transactions.

3.5 Link employee

performance and team

and incentive awards to

the achievement of

innovation and agency

strategic and

performance goals

50% of effort

(Revise awards

program)

YES Awards program was revised for all

employees, and will be implemented

in FY 2003.

3.6 Improve the

performance

management program to

enhance individual and

organizational

effectiveness

25% of effort

(Review and rewrite

25% of position

descriptions)

YES Goal was exceeded - 27% of

position descriptions were rewritten.

3.7 Invest in an effective

information technology

infrastructure that meets

user needs and secures

against unauthorized

access or disruption

50% of effort

(Develop security

policy and employee

awareness initiatives

and evaluate program

effectiveness)

YES Goal was exceeded - Agency policy

(security program and plan) was

developed and an external

independent audit was completed.

New employees received security

orientation and 95% of employees

received annual awareness training.

3.8 Improve the

automation and research

tools

30% of effort

completed

(Prototype and monitor

determined solutions

for effectiveness)

YES 30 % of effort completed. New CD

containing only Commission

decisions was completed and a

separate database of Commission

decisions was developed for on-line

legal research of Commission

decisions. The effectiveness of these

automated research tools are being

monitored. This effort is now 80%

complete.

3.9 Increase electronic

communications to

improve quality,

availability, and speed of

information and efficiency

of operations

30% of improvement

over base year 1999

(Migrate to client

server environment for

major applications)

NO The goal was not met. Effort was

20% complete. Purchased, installed

and trained employee on sequel

server for Windows NT. The case

tracking system that will migrate is

being modified to fit the new

infrastructure.

3.10 Improve case

tracking/management

information

50% of effort

completed

(Implement additional

reporting and data

communication

enhancements)

YES The goal was met. Changed the

case tracking system’s reporting

functions to include new performance

measures and report options for

internal users.

3.11 Improve the quality

of work life

2 initiatives YES The goal was met. The agency

implemented two initiatives : (1)

training on “healthy computing” and

ordered equipment for regional and
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

national office employees, and (2)

increased the allowances provided

under the transit subsidy program.

We also reviewed alternative dispute resolution initiatives used at various Federal courts and established quality

standards for handling nonadjudicative processes.

FISCAL YEAR 2002 PERFORMANCE REPORT

Background on the Review Commission

The Review Commission is an independent, adjudicatory agency created by the Occupational Safety and Health

Act of 1970. Its sole statutory mandate is to serve as an administrative court providing just and expeditious

resolution of disputes involving the Occupational Safety and Health Administration (OSHA), employers charged

with violations of federal safety and health standards, and employees and/or their representatives. The Review

Commission was created by Congress as an agency completely independent of the Department of Labor to

ensure that OSHA's enforcement actions are carried out in accordance with the law and that all parties are

treated consistent with due process when disputes with OSHA arise.

Employers contesting citations are entitled to a full evidentiary hearing, consistent with the rules used by U.S.

federal district courts, before the Review Commission’s administrative law judges. The Occupational Safety and

Health Act and the Review Commission's Rules of Procedure, which by law mirror the federal rules, provide two

levels of adjudication when an employer timely contests an OSHA citation for alleged violations of the Act or

failure to abate such alleged violations. The first is a trial level before an Administrative Law Judge (ALJ). This

level affords an opportunity for a hearing before a Review Commission ALJ for employers who have filed a timely

notice of contest. The judge's decision becomes final unless the Commission reviews the decision. The second

level is a discretionary appellate review of the judge's decision by the Commission's members. The Review

Commission has three members, appointed by the President and subject to Senate confirmation, who serve sixyear terms. Both before its judges and the Commissioners, the Review Commission seeks to provide fair,

impartial, and timely adjudication of cases concerning the safety and health of employees' working conditions in

the United States.

The principal (national) office of the Review Commission is located in Washington, D.C. There are also regional

offices in Atlanta and Denver, where some of the Review Commission's Administrative Law Judges and staff are

assigned.

Mission Statement

The mission of the Occupational Safety and Health Review Commission is to provide an impartial forum for the

just and prompt adjudication of workplace safety and health disputes involving the Department of Labor,

employers, and employees, and/or their representatives under the Occupational Safety and Health Act of 1970.

Vision Statement

The Review Commission continues to strive to be:
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

a quasi-judicial body that is -- and is recognized for being -- objective, fair, prompt, and

professional;

an agency that creates a body of law through its decisions that define and explain the rights and

responsibilities of employers and employees under the Occupational Safety and Health Act of 1970;

a model federal agency with highly effective processes, a highly motivated, qualified and diverse

workforce, and modern information management, communications, and administrative systems; and

an agency that values team work, develops its employees, and strives to improve its performance,

service, and value to the American people.

Fiscal Year 2000-2005 Strategic Plan Goals

In 1997, the Review Commission established goals to effectively accomplish its mission. The agency defined two

broad external goals to improve the agency’s service to and its communication with its stakeholders and the

public and three operational goals -- Information Technology, Human Resource, and Quality Management. When

the Review Commission issued its Revised Strategic Plan for 2000-2005, the agency modified and realigned its

performance goals. The Review Commission continued its two broad external goals to improve the agency’s

service to and communications with its stakeholders and the public. However, the agency combined the three

operational goals into one operational goal to align more closely with the overall mission of the agency.

Public Service Goal: To assure fair, just, and expeditious adjudication of disputes brought before the

Commission and its judges, and achieve a high level of quality in all legal decisions

External Communications Goal: To enhance the efficiency and effectiveness of communications between the

Commission and the public it serves

Organizational Goal: To further develop and invest in a highly effective, motivated, and diverse workforce

equipped with modern information, technology, and communications systems to facilitate the accomplishment of its

goals, meet program needs and increase organizational effectiveness and efficiency

Performance Data Verification

For each strategic goal and its related objectives, the Review Commission formulated performance measures and

annual targets, numerical whenever possible. A few measures are necessarily qualitative in nature. Case

processing and adjudication measurements are used for several objectives contained in our Public Service Goal.

Most of the data related to the Public Service Goal resides in the Review Commission’s case

management/tracking system. In FY 2002, each of the more than 2,100 new cases filed with the agency was

entered into the case management system, and progress on all cases was tracked. In order to assure the quality

of the data, management periodically reviews the information in the case management/tracking system. The

agency conducts test runs of the data to ensure that information is input and updated on a timely basis. Semiannual and annual reviews are conducted by the appropriate managers to ensure the accuracy of the data, to

monitor performance goals and progress, and produce reports. The reports are used to assess workload and

make workload adjustments, when necessary. At the end of the year, this data is used by the offices to measure

performance related to the goal and improve program management.

Program Evaluation
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

The Review Commission contracted for an independent evaluation to be completed in FY 2002 for its computer

and information security, consistent with the FY 2001 Defense Authorization Act ( P.L. 106-398), including Title X,

subtitle G, Government Information Security Reform Act. This independent evaluation revealed that there were no

material weaknesses in policy, procedures or practices present, but provided recommendations for improvement

of the agency’s security program and plan. Some of the recommendations involved developing a process for

using system development life cycle models for present and future systems and applications, modifying or

supplementing existing security policies, and ensuring technical controls for hardware are improved to strengthen

the agency’s security posture. The agency is using the recommendations from the review to develop management

initiatives.

In addition, the Office of Personnel Management (OPM), Office of Merit Systems Oversight & Effectiveness,

conducted an onsite evaluation of the agency’s human resource management program. OPM focused on the

agency’s strategic alignment, workforce planning and deployment, leadership and knowledge management,

performance culture, talent and accountability. Overall, OPM found that the agency’s human capital program

promotes mission accomplishment within merit system principles, and that the agency had effective programs in

place for the specific areas reviewed by OPM.

Public Service Goal

To assure fair, just, and expeditious adjudication of disputes brought before the Commission and its

judges, and achieve a high level of quality in all legal decisions 

Summary of FY 2002 Actual Performance: The Review Commission met three of the six performance

targets set for this goal.

1.1 Increase the percent of non-complex cases disposed of with hearing that are disposed of within

325 days at the ALJ level.

            ●          FY 2002 Indicator/Target: Complete 75 percent of non-complex cases disposed of with hearing

within 325 days from the date of assignment to a judge. TARGET MET. Seventy-seven percent of cases were

completed within the targeted time frame.

FY 1998 1999 2000 2001 2002

Cycle time Goal 90%

within

375 days

90%

within

350 days

90%

within

325 days

N/A

Goal was

changed

N/A

Goal was

changed

Percent meeting

cycle time goal

Actual 59% 67% 58% N/A N/A

Percent of

non-complex

cases with hearing

resolved within

Goal New for

FY 2001

New for FY

2001

New for FY

2001

70% 75%

Actual N/A N/A N/A 83% 77%
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

325 days

1.2 Increase the percent of complex cases disposed of with hearing that are disposed of within 18

months at the ALJ level.

            ●          FY 2002 Indicator/Target: Complete 75 percent of complex cases1 disposed of with hearing

within 540 days from the date of assignment to a judge. TARGET MET. Ninety-two percent of cases were

completed within the targeted time frame.

FY 1999 2000 2001 2002

Percent of complex

cases without

hearing resolved

within 540 days

Goal New for FY

2001

New for FY

2001

70% 75%

Actual N/A N/A 100% 92%

1.3 Increase the percent of cases that are disposed of without a hearing that are disposed of within

six months at the ALJ level.

           ●          FY 2002 Indicator/Target: Seventy-five percent of ALJ cases disposed of without hearing are

disposed of within 180 days. TARGET MET. Seventy-seven percent of cases were completed within the targeted

time frame.

FY 1998 1999 2000 2001 2002

Cycle time in days Goal 180 180 180 180 180

Actual 158 155 159 180 180

Percent of cases

without hearing disposed of

within 180 days

 Goal New for

FY 2001

New for

FY 2001

New for

FY 2001

70% 75%

Actual N/A N/A N/A 78% 77%

Number of cases disposed of

without hearing

Actual 1,607 1,494 1,657 1,711 2,067

1.4 Increase the percent of cases that are disposed of without a hearing that are disposed of in one

year at the ALJ level.

           ●          FY 2002 Target: Ninety-nine percent of the cases closed without a hearing are resolved within

365 days. TARGET NOT MET. The agency came close to meeting this goal - 98 percent of cases were disposed
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

of without hearing within 365 days. The agency failed to meet this target by 41 cases. In terms of number of

cases that were actually disposed of without hearing in FY 2002, this is a small margin. The performance goal

was set at an approximate level and the deviation from that level is slight. There was no effect on overall program

or activity performance. Excluding the complex cases, cases that originated from remote locations, and the cases

that were stayed from processing pending ongoing federal criminal proceedings, the Review Commission resolved

99 percent of cases in less than a year.

FY 1998 1999 2000 2001 2002

Percent of cases exceeding one

year

Goal 5% 3% 2% 1% 1%

Actual 4% 3% 2.77% 1.82% 1.98

Percent of cases disposed of

without hearing in less than a

year

Goal 95% 97% 98% 99% 99%

Actual 96% 97% 97% 98% 98%

Number of cases disposed of

without hearing in less than a

year

Actual 2,125 2,023 2,416 2,158 2,026

1.5 Increase percent of Commission-level dispositions issued within 325 days.

            ●     FY 2002 Indicator/Target: Fifty-five percent of new Commission-level cases are decided within 325

days of being directed for review. TARGET NOT MET. Forty-three percent of decisions (nine cases )were

disposed of within 325 days of being directed for review. This was a considerable accomplishment, particularly

since the Commission had a quorum for only four months this fiscal year. The Commission did not meet its goal

because of the lack of a quorum for eight months in FY 2002. This circumstance is beyond the control of the

agency. In December 2001, a recess appointment expired, leaving the Commission with only one member, for

eight months in FY 2002. By statute, cases can only be decided by the affirmative vote of two commissioners.

Thus, the Commission could not decide and dispose of cases from January 2002, until August 25, 2002. During

that time, new cases came in. After the arrival of the new Chairman in September, the Commission disposed of

four cases in the last month of FY 2002.

 

FY 1998 1999 2000 2001 2002

Cycle time

Percent of cases resolved within

targeted time frame

 Goal 95%

within

375 days

or less

95%

within

350 days

or less

95%

within

325 days

or less

Goal was

changed

Goal was

changed

Percent meeting cycle time goal Actual 85% 47% 31% N/A N/A

Number of cases meeting cycle

time goal

Actual 11 20 11 N/A N/A

Average cycle time (in days) Actual 262 447 566 583 530

Percent of Cases resolved within

targeted time frame

Goal New for

FY 2001

New for

FY 2001

New for

FY 2001

50%

within

55% within

325 days
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

325 days

Actual N/A N/A N/A 56% 43%

Total number of cases resolved Actual 13 43 36 52 21

1.6 Reduce by a percent the number of cases pending Commission-level disposition for more than

two years.

            ●     FY 2002 Indicator/Target: Thirty percent reduction in the number of cases pending Commissionlevel dispositions for more than two years. TARGET NOT MET. There was a 22 percent reduction in the number

of such cases. The Commission disposed of five cases that were older than two years. The Commission did not

meet its goal because it lost its quorum of commissioners, and therefore, it also lost the ability to decide cases.

By statute, cases can only be decided by the affirmative vote of two commissioners. For most of FY 2002, only

one commissioner’s position was filled. In December 2001, a recess appointment expired, leaving the

Commission with only one member for eight months in FY 2002. Cycle time is not adjusted when the

Commission is without a quorum. As a result, not only were very few cases disposed of in FY 2002 within the

performance goal period, but also, all other pending cases continued to mature creating a larger inventory of older

cases.

The positive effort that the Commission was able to obtain from July 2000 through December 2001, was curtailed

with the loss of commissioners.2 However, since November 2002, the Commission has had three members. The

retirement of older, very large and complex cases continues to be a priority, even though adjudicating these cases

may impact negatively on the other performance target for Commission-level decisions – the adjudication of

newer cases directed for review. Preparation of each of these cases consumes a huge amount of Commissioner

and attorney time, and limits consideration of new cases. While progress is being made with these very large

complex and older cases, consideration is being given to revising our performance measures for Commissionlevel goals (1.5 and 1.6) to reflect the need to ensure the prompt adjudication of cases.

 

FY 1997 1998 1999 2000 2001 2002

Percent reduction

in cases pending

more than two

years

Goal New for

FY 2001

New for

FY 2001

New for

FY 2001

New for

FY 2001

25%

reduction in

number of

cases

pending

more than

two years

30%

reduction in

number of

cases

pending

more than

two years

Actual N/A N/A N/A N/A 36%

reduction in

number of

cases

pending

more than

two years

22%

reduction in

number of

cases

pending

more than

two years

External Communications Goal

To enhance the efficiency and effectiveness of communications between the Commission and the public
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

it serves

Summary of FY 2001 Actual Performance: The Review Commission met five of the seven performance

targets set for this goal.

2.1 Improve the effectiveness of our website to ensure its communications remain open, researchfriendly, and current. (New FY 2002 Performance Goal)

            ●     FY 2002 Indicator/Target: One enhancement TARGET MET. Goal was exceeded. The agency

revamped "About OSHRC" to include more information on the agency’s history. Specifically, the agency added

the Commission members names and dates of service and improved its links for agency vacancy

announcements. The agency also performed random checks about every two months on the decisions pages for

broken links and when such were found, corrected the link.

2.2 Extent to which Commission decisions and other publications and case information are made

available electronically through the agency’s world wide website.

            ●     FY 2002 Indicator/Target: Completion of 30% of effort to convert older decisions electronically to

permit their placement on the agency’s website. TARGET MET. Commission decisions and numerous ALJ

decisions dating back to 1973 have been converted electronically for placement on the website. More than 2,500

older decisions have been placed on the website.

FY 1998 1999 2000 2001 2002

Percent of

effort to

complete

Goal 50% 30% 100% 75% 30%

Actual 50%

(Website

established

with recent

decisions)

70%

(Site

established

with earlier

decisions)

100%

(Enhanced

search

engine, and

add older

decisions

on website)

70%

(Added

older

decisions

on website

and

improve

search

capabilities)

30%

(Older decisions

converted

electronically

and added to

website)

2.3 Improve the frequency of publication of CD-ROMs for use by litigants, libraries, and other

interested parties.

            ●     FY 2002 Indicator/Target: Publish three CD-ROMs to include the most recent Review Commission

decisions for use by litigants, libraries and other interested parties. TARGET MET. Goal exceeded - five were

published

FY 1998 1999 2000 2001 2002

Number of CD-ROMs Goal 1 1 1 1 3

Actual 0 1 2 3 5
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

2.4 Improve and strengthen mechanisms for communications between the Review Commission and

entities that have an interest in its activities

            ●     FY 2002 Indicator/Target: Fifty percent of effort - Conduct focus group to review key business

processes. TARGET NOT MET. Pilot participants in the agency’s electronic filing pilot assisted in the agency’s

evaluation of its pilot. A focus group was no longer needed to complete the evaluation due to the limited number

of participants; however, participants in the pilot assisted with the agency’s evaluation effort.

FY 1998 1999 2000 2001 2002

Percent of

effort to

complete

Goal 50% 80% 100% 100%

(survey)

50% (focus

group)

Actual 50%

(National

Safety and

Health

Adjudicator’s

Conference

held)

70%

(Update

some links

to State

Websites

and draft

report of

State Plan’s

procedures

completed)

100%

(Improved

website

links and

ADR forum

held)

100%

(E-Z Trial

survey

completed)

50%

(Electronic filing

pilot evaluated)

2.5 Produce reports on the Review Commission’s activities

             ●     FY 2002 Indicator/Target: One Biennial Report. TARGET NOT MET. A draft of the Biennial Report

was completed prior to the end of the fiscal year and published in October 2001. The report covered fiscal years

2000- 2001. Previous Biennial Reports had been published for fiscal years 1998-1999 and 1996-1997.

2.6 Promote the use of electronic transmission of documents to the Review Commission

             ●     FY 2002 Indicator/Target: Evaluate the pilot. TARGET MET. Pilot was completed and evaluated.

Electronic filing should commence in FY 2003, consistent with the Government Paperwork Elimination Act.

FY 1998 1999 2000 2001 2002

Percent of steps

completed

Goal N/A Determine

feasibility

Pretest

and pilot

Continue

pilot

Evaluate

the pilot

Actual N/A Determined

feasibility

Pretested

and piloted

Continued

pilot

Evaluated

the pilot

2.7 Improve the timeliness of response to questions received from the public (New FY 2002

Performance Goal)
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

             ●     FY 2002 Indicator/Target: Average 20 workdays for responses to Freedom of Information Act (FOIA)

requests. TARGET MET. Goal Exceeded. The agency responded to FOIA requests in an average of 19 workdays.

Organizational Goal

To further develop and invest in a highly effective, motivated, and diverse workforce equipped with modern

information, technology, and communications systems to facilitate the accomplishment of its goals, meet program

needs and increase organizational effectiveness and efficiency

Summary of FY 2001 Actual Performance: The Review Commission met 11 of 13 of the performance targets

set for this goal.

3.1 Recruit and maintain a diverse and highly motivated staff

            ●     FY 2002 Indicator/Target: Fifty percent of effort (complete succession and transition plans and

knowledge management strategy). TARGET MET. Succession plan and recruitment resource listings were

updated. Transition plan and job competencies for major occupations were completed. Knowledge management

strategy for the Office of General Counsel was completed. This effort is now 100% complete based on FY 2001

and FY 2002 performance.

FY 1998 1999 2000 2001 2002

Percent of

effort

completed

Goal New for

FY 2001

New for

FY 2001

New for

FY 2001

50% 50%

Actual N/A N/A N/A 50%

(Developed

succession

plans,

knowledge

management

strategies and

job

competencies)

50%

(Completed

FY 2001

efforts and

wrote

workforce

transition

plans)

3.2 Provide training and career development opportunities for employees

            ●     FY 2002 Indicator/Target: Assess and prioritize training needs. TARGET MET. Training for

employees and managers was assessed and prioritized. Classroom training on the prioritized subject matters was

provided onsite for employees. Employees received an average of 17 hours of training.

FY 1998 1999 2000 2001 2002

Average number

of training hours

Goal 30 hours 40 hours 40 hours 40 hours Assess and

prioritize

training

needs

Actual

30 hours

40 hours 40 hours 40 hours Assessed

and

prioritized

training
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

needs;

17 hours of

training

provided

3.2.1 Expand training delivery methods to accommodate workforce needs (New FY 2002 Performance

Goal)

           ●     FY 2002 Indicator/Target: Seventy percent classroom, 20% audio/video tape, 10% on-line. TARGET

NOT MET. Substantial effort was made to expand training delivery methods. Employees obtained training through

classroom (75%), audio/video (8%) and on-line (17%) methods. This effort was not met because fewer

audio/video tapes were used for training purposes. The performance goal was set at an approximate level and

the deviation from that level is slight. There was no effect on overall program or activity performance.

3.3 Improve internal communications

            ●     FY 2002 Indicator/Target: Fifty percent of effort (complete development and installation of Intranet).

TARGET MET. Intranet was implemented by enabling the agency’s servers to act as a repository of information.

Employees can access shared folders to obtain important agency information, such as agency decisions, policy

directives, and memoranda. This effort is now 100% complete based on FY 2001 and FY 2002 performance.

3.3.1 Identify, define, and enhance agency values and an agency culture that incorporates our values.

              ●       FY 2002 Indicator/Target: Fifty percent of effort (complete assessment and analysis, and develop

management initiative, if necessary). TARGET MET. Assessment and analysis of key aspects of current and

target culture completed. Based on the organizational survey and management consultations, the core values of

the organization are: equal justice, excellence, professionalism, and respect. It was also determined that no

significant gaps exist between the core values and the existing situation in the organization. Therefore, no

management initiative was needed to narrow the gaps. However, several initiatives developed during the year

address the maintenance and enhancement of the core values. For example, as part of the core value of

professionalism, we should seek high quality in our work product and work environment. To reinforce the quality

of our work environment, training was provided on appropriate posture while working on a computer. Work

stations were assessed to determine the need for assistive devices. As part of the core value of excellence, we

strive to maintain high standards of legal excellence. To enhance our legal excellence, the agency obtained

equipment that will allow for sharing of documents, and enhanced security of electronic records as they are

processed and edited for final publication.

3.4 Improve the systems that support financial management and personnel and payroll services.

            ●     FY 2002 Indicator/Target: Twenty-five percent of effort (planning, coordination, and transition efforts

with new financial service provider). TARGET MET. The goal was exceeded. One hundred percent of transition

planning and coordination efforts was completed for conversion to a new financial and administrative service

provider. The structure and transmissions provide secure access. Conversion was completed on October 1, 2002

for financial and administrative transactions. Payroll services remain secure with current personnel and payroll

service provider.

FY 1998 1999 2000 2001 2002

Percent

Complete

Goal

90%

10% Assess Maintain 25%

(Plan and

coordinate)
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

Actual 90% 100% Assessed Maintained 100%

(Planning and

coordination

completed)

 

3.5 Link employee performance and team and incentive awards to the achievement of innovation and

agency strategic and performance goals. (New FY 2002 Performance Goal)

            ●     FY 2002 Indicator/Target: Fifty percent of effort (Revise awards program). TARGET MET. Existing

awards programs were reviewed. The Awards Program was revised and will be implemented in FY 2003.

3.6 Improve the performance management program to enhance individual and organizational

effectiveness. (New FY 2002 Performance Goal)

            ●     FY 2002 Indicator/Target: Twenty-five percent of effort (Review and rewrite 25% of position

descriptions). TARGET MET. The goal was exceeded. Twenty-seven percent of position descriptions were

rewritten.

3.7 Invest in an effective information technology infrastructure that meets user needs and secures

against unauthorized access or disruption. (New FY 2002 Performance Goal)

            ●     FY 2002 Indicator/Target: Fifty percent of effort (develop security policy and employee awareness

initiative). TARGET MET. Agency policy (security program and plan) was developed and implemented. An

external independent audit was completed. New employees received security orientation and 95% of all

employees received annual awareness training.

3.8 Improve the automation and research tools

            ●     FY 2002 Indicator/Target: Thirty percent of effort (Prototype and monitor determined solutions for

effectiveness). TARGET MET. The team decided to create a new CD containing only Commission decisions and

request the agency’s on-line service provider establish a separate database of Commission decisions. These

recommendations were implemented. The effectiveness of these automated research tools are being monitored.

This effort is now 80% complete.

FY 1998 1999 2000 2001 2002

Percent of

effort

completed

Actual New for

FY 2001

New for

FY 2001

New for

FY 2001

50%

(Develop

intercomponent

team to define

and assess

efficiency

improvement)

30%

(Prototype and

monitor

determined

solutions for

effectiveness)

Goal N/A N/A N/A 50%

(Team

established)

30%

(CD published

and on-line

database of

only

Commissionlevel decisions
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

developed;

effectiveness is

being

monitored)

3.9 Increase electronic communications to improve quality, availability, and speed of information and

efficiency of operation. (New FY 2001 Performance Goal)

            ●     FY 2002 Indicator/Target: Thirty percent of effort (Migrate to client server environment for major

application). TARGET NOT MET. Twenty percent of effort was completed. The agency purchased, installed, and

trained one of its IT employees on sequel server for Windows NT. The case tracking application will be migrated.

Substantial work was completed; however, additional migration efforts for case tracking data must be completed

and tested prior to deployment. This goal was not met because of other workload priorities. The performance goal

was set at an approximate level and the deviation from that level is slight. There was no effect on overall program

or activity performance.

FY 1998 1999 2000 2001 2002

Percent of

improvement

over base

year, FY 1999

Goal New for

FY 2001

New for

FY 2001

New for

FY 2001

50%

(Improve

speed and

access to

outside

sources)

30%

(Migrate to

client server

environment

for major

applications)

Actual N/A N/A N/A 50%

(Increased

bandwith and

communications)

20%

(Purchased

and installed

equipment

and trained

employees)

3.10 Improve case tracking information system

            ●     FY 2002 Target: Fifty percent of effort (Implement additional reporting and data communication

enhancements). TARGET MET. Reporting functions were changed to include new performance measures and

options for internal users. Changes included modifications to the report of ALJ level case activities for selected

time periods and options for users to print summary sheets to display case profile information.

FY 1998 1999 2000 2001 2002
FY 2002 Performance Report

file:///W|/netsite-docs/gpo54381/gpo54381/www.oshrc.gov/performance/02perfrpt.html[1/8/2015 10:14:52 AM]

Percent of

effort

completed

Goal 60% 20% 20% 50%

(Enhance

case

management

information

system)

50%

(Implement

additional

reporting and

data

communications)

Actual 60% of

effort

completed)

80% of

effort

completed)

100% of

effort

completed)

50%

(Modified

and

streamlined

reporting

functions)

50%

(Reporting

functions

changed to

include new

performance

measures

and options

for users)

3.11. Improve the quality of work life. (New FY02 Performance Goal)

            ●     FY 2002 Target: Two initiatives. TARGET MET. The agency provided training on “healthy

computing” and ordered equipment for regional and national office employees. The agency also increased the

allowances provided under the transit subsidy program.

1Complex cases are those involving many parties, intricate legal issues, multiple\violations, a large number of

witnesses, or extensive discovery.

2Many cases have been pending before the Review Commission for several years. In March 2000, more than 50

cases were older than two years. A large percentage of those cases were older than four years. In FY 2000, the

Commission resolved several cases dating back to the early part of the 1990s. Over the period July 2000 through

October 2000, the Review Commission disposed of 12 cases that had a cumulative age at the Commission level

of 57 years. Most of these cases were very large, both in terms of record size and the number and complexity of

issues. During FY 2001, the Commission continued its efforts to reduce the inventory of its pending cases. Indeed,

despite the absence of a quorum for one month and a change in Commission composition, the Commission

resolved 52 cases during the fiscal year 2001. The Commission reduced its inventory from 88 cases at the

beginning of the fiscal year 2000 to 67 cases by the end of FY 2001. In addition, in FY 2001, the Commission

exceeded its target to reduce the number of cases pending more than two years by 25%, by disposing of 36% of

the cases.